Martin v. Clark.

The commissioners of Montgomery County issued a warrant upon the treasurer for the sum of $600 payable to the plaintiff “on building bridge at Martin’s mill, to be paid out of the special tax funds.” The order was presented to the treasurer, who refused to pay it. Thereupon the plaintiff began this action by issuing a summons returnable before the Judge at chambers. In his complaint and in his reply to the defendant’s answer, the plaintiff alleges that the defendant treasurer has in his hands, subject to said warrant, an amount more than sufficient to pay the same. He asks that a mandamus…